Effective Date: July 21, 2020
Updated: April 25, 2023
Introduction
• The “Gaga Movement” website (“the Site”) is operated by Gaga Movement Ltd. (the “Company”) and also serves as a sales site for the purchase of courses/workshops/events/online classes or workshops (the “Services”).
• The use of male language in this Agreement is for convenience only and refers to both male and female.
• Purchase through the Site is subject to the terms set forth in these Terms and Conditions.
• The mere purchase of the Services on the Site will constitute a statement by the customer that he has read, understood and agreed to the terms of these policies. The bylaws constitute a binding contract between you and the Company.
The Purchase
• The Site enables customers to easily, easily and safely purchase the Services through the Internet.
• The Services can be purchased on the Site at any time.
• Purchase on the Site is by credit card only, and the transaction will be made after approval by the credit card company.
• The Services price on the Site is inclusive of any tax if relevant. No taxes are added on top of the price displayed.
• The Company reserves the right to stop marketing and selling the Services at any time and to deny a purchase right on a sales site at its discretion.
• Promo codes are good for one-time use by the recipient, unless otherwise stated
Cancellations and Refund Policy – Ongoing Classes (scheduled via Mindbody)
•Gaga Online membership (auto-renewing subscriptions) may be terminated at any time, for any reason.
Cancel anytime by visiting Gaga’s Mindbody page at this URL: https://clients.mindbodyonline.com/classic/ws?studioid=711578&stype=-98
Sign into your account with your username and password. Click on the “Account” button in the “My Info” tab. Under the “Autopays” heading you will see your contract. On the right hand side, click “terminate”. A pop-up window will appear, asking if you are sure you would like to terminate. Click “OK”. Your contract will then be cancelled, and you will not be charged for any future months. **Please note: Once you have terminated your contract, you will be unable to register for classes. The termination is effective immediately. We recommend cancelling the day before your next billing cycle, if you would like to take advantage of the time remaining on your pass.
Alternatively, contact us at [email protected] no later than 5 days before your next automatic payment, and your membership will be terminated at the end of your current billing cycle.
When terminating, users will not receive a refund for the current billing period or any part thereof.
• Registration may be canceled up to 30 minutes before the class’s start time, and if you paid for a drop-in, 5-class card, 10-class card, or 9 class/month membership, you will be able to use your credit to register for a different class within the period during which your class pass is valid. Your registration cannot be canceled within 30 minutes of the class, and if you paid for a drop-in or 10-class pass, you will be charged for the class. If you would like to cancel or modify a reservation, click “Cancel” in the schedule displayed in your Mindbody account.
• The transaction can be canceled by e-mail to the company’s customer service. The cancellation of the transaction will only take effect after receiving an e-mail from the company confirming the request to cancel the transaction.
• For online workshops:
-In case of cancellation of the transaction up until one week before the event is held, the customer will be refunded the full purchase price less 10% to cover a service fee.
-In case of cancellation of a transaction between one week before the event up to two days before, the customer will be refunded 50% of the fee to cover a service and registration fee.
-If the transaction is canceled within two days of the event or after it takes place, the transaction money will not be returned to the customer.
• For in-person GagaLabs in Europe, Tel Aviv, and New York:
-If the customer cancels up until 2 months prior to the start of the course, he will receive a full refund of the tuition.
-If the customer cancels between 2 months and 1 month prior to the start of the course, he will receive a 50% refund of the tuition.
-If the customer cancels within 1 month of the start of the course, he will receive a 50% refund of the tuition if we can find a dancer to take the place. Otherwise, there is no refund.
-Application fees are not refundable.
• For GagaEden:
–Gaga has the right to cancel all activities of GagaEden in case of insufficient enrollment (up until one month before the start of the program) or force majeure. Received tuition payments will be refunded in full to all participants. In case of such cancellation, Gaga cannot refund any invested travel expenses or international financial transaction costs.
-If the customer cancels up until 1 month prior to the start of the course, he will receive a refund minus 10% of the fee paid.
-If the customer cancels between 1 month and 2 weeks prior to the start of the course, he will receive a 50% refund.
-If the customer cancels within 2 weeks of the start of the course, there is no refund.
• For the GagaRoom 5-week online course:
-If the customer cancels up until 2 weeks prior to the start of the course, he will receive a refund minus 150 ILS.
-If the customer cancels between 2 weeks and 1 day prior to the start of the course, if we can find another person to take his place, he will receive a refund of the tuition minus 150 ILS. Otherwise, there is no refund.
-If the customer cancels on the first day of the course or after it has started, there is no refund.
• For in-person GagaRoom TLV:
–Gaga has the right to cancel all activities of GagaRoom TLV in case of insufficient enrollment (up until one month before the start of the program) or force majeure. Received tuition payments will be refunded in full to all participants. In case of such cancellation, Gaga cannot refund any invested travel expenses or international financial transaction costs.
-If the customer cancels up until 2 months prior to the start of the course, he will receive a full refund of the tuition.
-If the customer cancels between 2 months and 1 month prior to the start of the course, he will receive a 50% refund of the tuition.
-If the customer cancels within 1 month of the start of the course, he will receive a 50% refund of the tuition if we can find a dancer to take the place. Otherwise, there is no refund.
• For Gaga & Metodika in Berlin & Paris:
-Gaga has the right to cancel all activities of metodika in case of insufficient enrollment (up until one month before the start of the program) or force majeure. Received tuition payments will be refunded in full to all participants. In case of such cancellation, Gaga cannot refund any invested travel expenses or international financial transaction costs.
-In case of cancellation up to 8 days before the event, you will be refunded 80% of the fee to cover a service and registration fee.
-In case of cancellation 4-7 days before the event, you will be refunded 50% of the fee to cover a service and registration fee.
-If the participation is canceled within 3 days of the event or after it takes place, the transaction money will not be refunded.
• The above cancellation policy applies only to the Services purchased on the site. The Company will not handle the return of services purchased through another source.
For Gaga & Metodika at Mark Morris Dance Center in Brooklyn (sales are through the venue):
• Students can cancel their registration up to 48 hours prior to the start time of class. To receive a refund upon cancellation the student must contact [email protected]. Refunds are granted less a $5 processing fee. Students who cancel within 48 hours of the start time of class will not receive a refund.
Customer Service
• For any questions or inquiries regarding the Services, contact the Company’s service representatives at [email protected]
Information on Data Protection
Using our website may require you to provide personal data such as name, address, telephone number and e-mail address. These personal data will be collected and processed by The Company and/or by appointed providers on the basis of Article 6 (1) (b) GDPR (performance of contractual relationships with you). Personal data will not be passed on to third parties, with the exception of partners, which are also involved in the activities on the website. In the event data collected will be transferred to the respective third party it shall be exclusively for the above-mentioned purpose. As soon as the process is completed and the data provided is no longer required, they are deleted, unless continued storage is required on legal grounds.
Such personal data as may be collected, saved, transferred, processed or used shall be consulted by The Company and by such providers as are appointed in this connection – together with any partners which may be involved – and collected, saved etc by any involved 3rd parties exclusively for that purpose and shall be deleted once the activity has been wound up in its entirety, unless there are compulsory legal reasons requiring that the data should not be deleted. Otherwise, the general data-protection guidelines of The Company shall apply.
Intellectual Property
• All intellectual property rights on this sales site are the exclusive property of the Company.
• No information may be copied, reproduced, distributed, published or otherwise used in any way from this Site and/or sales Site, unless the Company has given prior written consent.
Participant’s Health Declaration
• By registering for Gaga activities, the customer declares that he is in good health and shape, and understands the nature of Gaga activity. The customer fully accepts and assumes all responsibility for injury or damage that may result from his participation in the Gaga activity. The customer releases and holds harmless the Company, its employees and teachers, other participants with respect to any or all injury or damages whether new or as a result of a change to an existing medical problem arising from the activity to the fullest extent permitted by law.
Internet
• For online programming, the customer is solely responsible for his own internet connection which can support streaming. The Company is not responsible for technical difficulties encountered by the participant during the programming.
Law and Jurisdiction
• The interpretation and enforcement of these bylaws and/or any action or dispute arising therefrom shall be in accordance with Israeli law only and in the competent court of one of the Tel Aviv-Jaffa, Haifa, Jerusalem or Be’er Sheva districts, the exclusive jurisdiction shall be vested.
Website Use Rules and Restrictions
Our Website may only be used for lawful purposes. GAGA specifically prohibits any use of our Website, and all users agree not to use our Website, for any of the following:
- Submitting any incomplete, false or inaccurate information or information which is not your own accurate information (e.g. impersonating or pretending to be anyone else but you, including, without limitation, by creating false accounts of any person or entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity or using someone else’s identification without their consent);
- Deleting or revising any material posted by us or any other person or entity;
- If you have a password allowing access to a non-public area of our Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
- Harming minors in any way;
- Transmitting by any means any software, virus, malware, program, code, file or other material intended to interrupt, disrupt, alter, destroy or limit any part of the Website or attempting to access, alter or decompile the Website or an underlying program, code or software of the Website, or using any robot, spider, script or any manual or automated application or means to extract, download, index, create multiple accounts, mine, scrape, reproduce or circumvent the presentation, operation, or intended use of any feature, function or part of the Website;
- Aggregating, copying, framing, downloading, distributing, transmitting, uploading, transferring content from the Website or the personal information of others from the Website or duplicating in any manner any of the materials or information available from our Website; or
- Violating or infringing upon the privacy, publicity, intellectual property or other proprietary rights of us or any third parties.
Use of the Site and the Services is limited to people age 16+.
Registration and Passwords
When or if you register an account with us, you may be required to provide some of your personal information. By using the Website and providing us with your personal information, you also accept our Privacy Policy, which is hereby incorporated by this reference and other policies that we may, from time to time, adopt. You are responsible for the activity that occurs on your account, including but not limited to, maintaining the confidentiality of your password and user name and activities that occur under such password and user name. We reserve the right to cancel your account at any time for any reason without prior notice to you. You acknowledge and agree that if your account is cancelled (in our sole discretion) your account data may no longer be accessible to you. Without limiting the Privacy Policy or these Terms, you agree that we may store and use your registration information that you provide for use in maintaining your account.
Accuracy of Content and Pricing Information
Because prices, services descriptions and availability can change quickly, GAGA does not warrant the accuracy or completeness of the information provided on the Website. Also, GAGA may make changes to the information contained on the Website, including to the products and prices described, at any time, without prior notice to you (including after you have submitted your order). Information at the Website is periodically updated, but may not be current or complete at the moment you visit the Website and may contain errors or inaccuracies. In no event shall GAGA, or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at the Website.
Indemnification
You will indemnify, release and hold harmless us and all agents and employees thereof and any party acting on our behalf, from and against any and all claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising out of (i) your use of the Website or any product you may receive or purchase from the Website; (ii) any breach of these Terms by you; or (iii) any violation of any laws, regulations or the rights of any third party by you in connection with your use of the Website.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, GAGA EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, WE AND OUR LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE WEBSITE WILL (i) OPERATE IN ANY UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS, (iii) WILL BE SECURE OR IMMUNE FROM UNAUTHORIZED ACCESS OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE WEBSITE WILL BE SATISFACTORY TO YOU OR THAT ERRORS WILL BE CORRECTED. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.
Limitation of Liability
IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL GAGA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT GAGA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY (WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR OTHER THEORY), ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY SUCH DAMAGES OR LOST PROFITS FROM US AND OUR LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH A CLAIM. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH THE WEBSITE OR FOR ANY USER CONTENT OR COMMUNICATIONS ON THE WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. UNLESS AS OTHERWISE INDICATED IN THESE TERMS, WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.